These rules govern the practice and procedure in all criminal proceedings in the district
courts and, so far as applicable, in all other courts, including prosecutions for violations of
municipal ordinances and prosecutions for contempt when punitive sanctions are sought in
a nonsummary proceeding.

(b) Excepted proceedings.

(1) Habeas corpus. These rules do not apply to proceedings on any application for a writ
of habeas corpus under N.D.C.C. ch. 32-22 or N.D.C.C. ch. 25-03.1 nor to other habeas
corpus proceedings authorized by law.

(2) Peace bonds. These rules do not alter the power of magistrates authorized by law to act
within the county to take and hold security for the prevention of a public offense or of a
district judge to dispose of such peace bonds as provided by N.D.C.C. ch. 29-02. However,
these rules apply to procedure under N.D.C.C. ch. 29-02, so far as they are consistent with
this chapter.

(3) Commitment proceedings. These rules do not apply to proceedings for determining
whether a proposed patient should be ordered committed to the state hospital at Jamestown
or any other hospital or school under N.D.C.C. title 25 or other laws.

Rule 1 defines the scope of the North Dakota Rules of Criminal Procedure. These rules are
designed primarily for the district courts, but are also designed to provide the necessary
machinery for all state courts with original jurisdiction. This includes municipal court
prosecutions for violations of municipal ordinances. The rules apply to all criminal
proceedings, and the term "proceedings" includes all possible steps in the case from its
inception to judgment and sentence. Although the vast bulk of statutory procedure is
superseded by the rules, statutes containing procedure beyond the scope of a rule, but
possibly supplemental to the procedure under a rule, are listed as "considered." (see Table
of Statutes Affected).

Subdivision (b) lists proceedings that are not governed by these rules.

Paragraph (b)(1) recognizes that habeas corpus is not a criminal proceeding but an
independent and collateral inquiry into the validity of a conviction. See N.D.C.C. chs. 32-22,
25-03.1.

Paragraph (b)(2) provides that these rules shall apply to peace bond procedures when this
is consistent with N.D.C.C. ch. 29-02.

(4) actions to determine the paternity of a child born out of wedlock (N.D.C.C. ch.
14-17).

Paragraph (b)(4) was amended, effective__________________, to delete a reference to
paternity actions, which are wholly civil in nature under N.D.C.C. ch. 14-20.

Rule 1 was amended, effective March 1, 1992. The phrase "by statute and" was deleted to
eliminate the conflict that occasionally occurred between rules and statutes. The amendment
was not intended to delete any procedural rules in statutes that are not covered by court rules.

Rule 1 was amended, effective March 1, 1994, to provide that these rules apply to
nonsummary contempt proceedings when punitive sanctions are sought.

Rule 1 was amended, effective March 1, 2006, in response to the December 1, 2002,
revision of the Federal Rules of Criminal Procedure. The language and organization of the
rule were changed to make the rule more easily understood and to make style and
terminology consistent throughout the rules. As part of this amendment, subdivision (b) was
transferred to Rule 1 from Rule 54.